NSW Land and Housing Corporation v Stannard & Anor [2000] NSWSC 681

NSW Land and Housing Corporation v Stannard & Anor [2000] NSWSC 681

An entry on a tenant's rent card, recording rent increases, does not constitute sufficient written notice for the purposes of s 45(1) of the Residential Tenancies Act 1987, because such a record does not, on its face, constitute and purport to give notice of the increase as required by law; therefore, the landlord failed to satisfy the statutory requirements for increasing rent.

Jurisdiction
Australia
Judgment Date
14 July 2000
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['rent Increase' 'notice Requirements' 'residential Tenancy Agreements']
['administrative Law' 'residential Tenancies'] ['rent Increase' 'notice Requirements' 'residential Tenancy Agreements']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether a notation on a tenant's rent card constitutes sufficient written notice of a rent increase under s 45(1) of the Residential Tenancies Act 1987." 'Whether the landlord had complied with notice requirements before increasing rent and claiming arrears.']

Ratio Decidendi

An entry on a tenant's rent card, recording rent increases, does not constitute sufficient written notice for the purposes of s 45(1) of the Residential Tenancies Act 1987, because such a record does not, on its face, constitute and purport to give notice of the increase as required by law; therefore, the landlord failed to satisfy the statutory requirements for increasing rent.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Application to the Court be dismissed with costs.']